( 1 ) THE Short question that arises for consideration in this petition is whether the provisions of regulation 101 of Chapter III of the Regulations framed under U. P. Intermediate Education Act, 1921, requiring the appointing authority not to fill a vacancy of a non-teaching post in an aided and recognised institution except with the prior approval of District Inspector of Schools is mandatory or directory.

( 2 ) ONE Ram Lala Singh was working as Junior Clerk [in brief clerk) in an aided and recognised institution Balika Inter College, Shahganj, Jaunpur (in brief institution ). In the institution, there was only one sanctioned post of clerk. Ram Lala Singh was due to retire on 31. 7. 2000. He took medical leave from 19. 6. 2000 to 31. 7. 2000. The Committee of Management (in brief management) sent a letter on 8. 1. 2000 to District Inspector of Schools (in brief D. I. O. S.) that since Ram Lala Singh was due to retire on 31. 7. 2000, permission be granted to fill the post of clerk. An advertisement was issued on 20. 6. 2000 by the management inviting applications to fill short-term vacancy of clerk, which was available till 30. 7. 2000. The petitioner, who is son